Ravi Kumar @ Ravi Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37600 of 2019 Arising Out of PS. Case No.-473 Year-2015 Thana- BARH District- Patna ====================================================== RAVI KUMAR @ RAVI VERMA Son of Suresh Prasad Singh Resident of Village - Rampur Sinday, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Barh P.S. Case No. 473/2015, instituted for offence under Section(s) 365 of the Indian Penal Code.
It is alleged in the written report that on the date of occurrence daughter of informant had gone to purchase article in market after leaving her two year old child with her grandmother but did not return. The grandmother and other family members made search and also made call on her mobile phone but the same was found switched off. The informant learnt from neighbours that she has gone on tempo with a boy. The informant raised suspicion that Vikash Kumar, who is Area Manager of the Company where his daughter-in-law was
Patna High Court CR. MISC. No.37600 of 2019(4) dt.14-08-2019 2/3 working, has taken away his daughter-in-law. It is further alleged that two days prior to the occurrence he had given threat on the mobile of informant and his family members. Case diary has been received.
Learned Addl. P.P. has submitted that victim has given statement under Section 164 Cr.P.C. wherein she has taken name of this petitioner.
Learned counsel for the petitioner has submitted that witnesses have stated in para 98, 99, 100 and 101 of case diary that victim was living in rented house with this petitioner along with her child as husband and wife. From the statement of victim recorded under Section 164 Cr.P.C. it will appear that she has levelled allegation against one Saurabh Kumar of committing illegal act with her. She has levelled allegation against this petitioner of confining her in a room and committing illegal act with her. Victim has been medically examined. Doctor has found no any injury on any part of body or on private part of victim. Age of victim is opined above 18 years. Opinion about sexual intercourse could not be ascertained.
From perusal of aforesaid paragraphs of the case diary and also the statement of victim, it appears that petitioner and
Patna High Court CR. MISC. No.37600 of 2019(4) dt.14-08-2019 3/3 victim were knowing each other. It appears from the medical report, which is found mentioned in para 75 of case diary, that doctor has found no external or internal injury over her body or over her private part. Opinion about sexual intercourse could not be ascertained and her age is above 18 years. From the written report it appears that victim is a married lady and she has two year old child.
Petitioner is in custody since 01.12.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Barh, Patna, in connection with Barh P.S. Case No. 473/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T